Consumer Protection

  • February 28, 2024

    Biden Order To Halt Flow Of Americans' Data To China, Others

    The White House moved Wednesday to block data brokers and other companies from providing China, Russia and other foreign adversaries with troves of sensitive personal data about Americans that can be used to carry out nefarious activities such as surveillance and blackmail. 

  • February 27, 2024

    Bankman-Fried Urges No More Than 6.5 Years For FTX Fraud

    FTX founder Sam Bankman-Fried asked a Manhattan federal judge late Tuesday for a sentence that releases him "promptly" after his conviction for stealing billions from customers of the now-collapsed crypto exchange, arguing that federal sentencing guidelines recommend no more than six-and-a-half years in prison.

  • February 27, 2024

    Justices Skeptical Of Workability In BofA Preemption Fight

    The U.S. Supreme Court appeared hesitant Tuesday to side with consumers who say that Bank of America and other national banks can't claim exemption from state laws in court without first proving "significant" interference from them, signaling practical concerns about what reversing a contrary Second Circuit decision could entail.

  • February 27, 2024

    TaxAct Filers Ink $23M Deal Over Meta, Google Info Sharing

    TaxAct Inc. customers have asked a California federal judge to greenlight a settlement they say is worth more than $23 million and would resolve class claims accusing the tax preparation company of secretly sharing confidential taxpayer information with Meta Platforms Inc. and Google.

  • February 27, 2024

    Ohio, Google Trade Barbs Over 'Common Carrier' Designation

    Google and the state of Ohio have taken aim at each other's dueling motions for summary judgment in a case seeking to have the tech titan's search engine declared a common carrier under state law for the purposes of antitrust regulation.

  • February 27, 2024

    Energy Dept. Awards $45M For Tech That Stops Cyberattacks

    The U.S. Department of Energy said it is awarding $45 million to industry stakeholders and academic projects that look to reduce cybersecurity threats and help protect systems within the nation's power grid against cyberattacks.

  • February 27, 2024

    J&J's CMO Says He Would've Pulled Talc If It Caused Cancer

    The chief medical officer at Johnson & Johnson told jurors Tuesday that his department's review of the scientific literature showed no link between baby powder use and ovarian cancer, saying he would have pulled the product from shelves if they'd found a link.

  • February 27, 2024

    Hot Spot Co., Investors Ask Court To Reconsider $2.4M Deal

    Wireless equipment maker Franklin Wireless Corp. and its investors have again asked a California federal judge to approve their $2.4 million deal to end a lawsuit accusing the company of concealing defects in lithium-ion batteries, saying their revised deal would pay investors $350,000 more than the version the judge rejected last month.

  • February 27, 2024

    Defense Dept. Looks To Shake Firefighting Foam MDL Claims

    The U.S. Department of Defense on Monday asked a South Carolina federal judge to free it from claims in sprawling multidistrict litigation that its use of forever chemical-containing firefighting foam contaminated drinking water near its facilities.

  • February 27, 2024

    Employers Must Battle AI Bias, Fisher Phillips' AI Chief Says

    Employers embracing artificial intelligence and machine learning tools to automate time-consuming tasks, such as screening resumes and conducting interviews, must ensure those tools don't engage in "algorithm drift" that results in improper bias, which could put a company on the hook legally and ruin its brand reputation, says David Walton, chair of Fisher Phillips' artificial intelligence team.

  • February 27, 2024

    $11M Meat Co. Deals Get Early OK In Colo. Wage Fixing Suit

    A Colorado federal judge Tuesday gave initial approval to class settlements with two meat producers and a consulting company, requiring $11.25 million in payments to resolve claims that they participated in a nationwide scheme to fix and depress wages for meat plant workers.

  • February 27, 2024

    FTC Puts Labor Focus In Merger Basket For 1st Time

    Higher consumer prices and reduced choice are no longer the only reasons the Federal Trade Commission will challenge mergers after the agency contested Kroger's planned $24.6 billion purchase of Albertsons based in part, for the first time ever, on allegations the deal will reduce competition for employees.

  • February 27, 2024

    GM Calls Auto Parts Co.'s Raid Conspiracy Claim 'Delusional'

    General Motors argued Monday that a Michigan federal judge should toss "delusional" counterclaims from an aftermarket auto parts company in a suit that claims the company is selling replica parts with no license, saying accusations the auto giant lied to spark a government raid are "facially implausible."

  • February 27, 2024

    Consumers Ask 9th Circ. To Revive Qualcomm Antitrust Case

    Cellphone buyers are hoping to revive their beleaguered antitrust case accusing Qualcomm of illegal tying schemes to inflate the price of their chips, telling the Ninth Circuit in their new opening brief to reverse the district court's ruling from September or, at a minimum, toss it to the California Supreme Court to decide whether their state law claims are viable.

  • February 27, 2024

    Passenger Rips United's Bid To Dump Sustainable Fuels Suit

    United Airlines can't hide behind federal statute to escape state fraud claims that it deceptively marketed its use of sustainable aviation fuels and its plans to be green and carbon-neutral, a customer suing the company told a Maryland federal judge Monday.

  • February 27, 2024

    NJ Investment Adviser Indicted In $5M Financing Fee Scheme

    A New Jersey investment adviser has been charged with fraudulently collecting millions of dollars in fees from people seeking funding for commercial projects and misappropriating at least $800,000 for his own personal benefit, the U.S. Attorney's Office for the District of New Jersey said in an indictment filed on Tuesday.

  • February 27, 2024

    Fintech Co. Chime Fined $2.5M Over Customer Service Gripes

    Fintech company Chime will pay $2.5 million to resolve claims that it handled customer complaints in an untimely and unfair manner over three months in 2021 and will ensure customer service support 24 hours a day, seven days a week, the California Department of Financial Protection and Innovation announced Tuesday.

  • February 27, 2024

    FCC OKs T-Mobile's 2.5 GHz Licenses Over AT&T Objection

    The Federal Communications Commission on Tuesday signed off, over an objection from AT&T, on a raft of new T-Mobile licenses in the 2.5 gigahertz spectrum band with the condition that T-Mobile divest some spectrum holdings in Hawaii.

  • February 27, 2024

    10th Circ. Backs FDA E-Cigarettes Marketing Denial

    The Tenth Circuit on Tuesday upheld the U.S. Food and Drug Administration's denials of two companies' applications to market flavored e-cigarettes, rejecting their argument that the agency secretly planned to reject any applications without long-term studies.

  • February 27, 2024

    Conn. Mortgage Biz Rips 'Maximalist' CFPB Licensing Stance

    Shuttered East Hartford mortgage company 1st Alliance Lending LLC and its co-owners have argued a Connecticut federal court should throw out the U.S. Consumer Financial Protection Bureau's claims that they deceived borrowers by letting unlicensed consultants create and manage their loans, asserting that the agency's "maximalist position" goes beyond the law.

  • February 27, 2024

    Make Sure Net Neutrality Covers Wholesale Service, FCC Told

    The Federal Communications Commission needs to ensure wholesale broadband access services are covered by net neutrality rules the commission is expected to adopt soon, a trade group for competitive networks told the agency Monday.

  • February 27, 2024

    Anesthesia Group Settles Colo. AG's Monopoly Claims

    U.S. Anesthesia Partners has said it would cede control of deals with several Colorado hospitals and pay $200,000 in legal fees to settle the state attorney general's allegations that the practice group had anti-competitive control of the market. 

  • February 27, 2024

    Altice Unit Can't Force Bill Padding Claims To Arbitration Yet

    A West Virginia federal judge is keeping a proposed class action accusing Altice subsidiary Optimum of illegal bill-padding in his courtroom for now, denying the company's motion to compel arbitration after the customers amended their complaint and voided all but one named plaintiff.

  • February 27, 2024

    11th Circ. Throws Shade On $40M Sunglasses Repair Deal

    The Eleventh Circuit has eliminated a $40 million settlement of class allegations that the Costa Del Mar sunglasses company deceived customers about its lifetime warranty, siding with objectors who said an inflated value of consumer vouchers in the deal prompted unreasonably large attorney fees.

  • February 27, 2024

    Texas AG Sues Pornhub Owner Over Lack Of Age Verification

    Pornhub's parent company, Aylo Entertainment, was hit with a lawsuit in Texas state court Monday by Attorney General Ken Paxton, who accused the adult entertainment giant of failing to implement age verification systems on its websites that publish sexually explicit content, leaving it open for minors to readily access its platforms.

Expert Analysis

  • Communication Is Key As CFPB Updates Appeals Process

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    Though a recently updated Consumer Financial Protection Bureau rule expands financial institutions' abilities to appeal supervisory decisions, creating strong relationships and open communication channels with CFPB examiners may help resolve disputes faster than the more cumbersome formal process, says Jason McElroy at Saul Ewing.

  • Considerations For Disclosing AI Use In SEC Filings

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    Recent remarks from U.S. Securities and Exchange Commission Chair Gary Gensler should be heard as a clarion call for public companies to disclose artificial intelligence use, with four takeaways on what companies should disclose, says Richard Hong at Morrison Cohen.

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

  • Setting The Stage For High Court BofA Escrow Interest Case

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    Dori Bailey and Curtis Johnson at Bond Schoeneck examine relevant legislation and case law dating back 200 years ahead of oral arguments at the U.S. Supreme Court on Tuesday in Cantero v. Bank of America, the outcome of which will determine whether state laws governing mortgage escrow accounts can be enforced against national banks.

  • What To Know About OCC Proposals For Bank Merger Review

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    The Office of the Comptroller of the Currency's proposed changes to the agency's bank merger review process could exacerbate industry concerns with long and unpredictable processing periods because the proposal is ambiguous with respect to how the OCC will view certain transactions, say attorneys at Simpson Thacher.

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • 5 Lessons For SaaS Companies After Blackbaud Data Breach

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    Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Predicting DeFi Regulations At Home And Abroad In 2024

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    Though decentralized finance has advocates on both sides of the Atlantic in figures like U.S. SEC Commissioner Hester Peirce and U.K. Prime Minister Rishi Sunak, DeFi in 2024 seems likely to be folded into existing regulatory frameworks in the U.K. and EU, while anti-crypto scrutiny may discourage DeFi’s growth in the U.S., say Daniel Csefalvay and Eric Martin at BCLP.

  • Retailers Must Be Mindful Of Sale Ads As Class Actions Rise

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    A recent uptick in class actions filed against retailers over a breadth of allegedly deceptive pricing practices — including misleading reference prices for sales and discounts offered on a perpetual basis — show no sign of slowing down, indicating that class counsel are laser-focused on challenging advertising strategies, say Louis DiLorenzo and Paavana Kumar at Davis+Gilbert.

  • NY's Revamped Card Surcharge Ban Is Unique Among States

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    Newly revised New York legislation bolsters the state's ban on credit card surcharges, potentially reinvigorating similar laws across the country despite the fact that many of them have been ruled unconstitutional, say Tom Witherspoon and Audrey Carroll at Stinson.

  • Understanding SEC's Focus Amid Lack Of Final AI Rules

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    Although the U.S. Securities and Exchange Commission's proposed rules to govern artificial intelligence are likely far from being finalized, understanding existing regulatory provisions that could address AI risks with respect to development, disclosure, compliance and data protection could help firms anticipate and avoid pitfalls, say attorneys at Skadden.

  • Legislative And Litigation Trends In Environmental Advertising

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    Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.

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